N.J. Admin. Code § 8:42-6.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:42-6.5 - Transfer of a patient

(a) A patient shall be transferred to another agency only for the following reasons:

1. A valid medical reason, including the agency's inability to care for the patient.

2. In order to comply with clearly expressed and documented patient choice in accordance with applicable laws or rules.

3. In conformance with the New Jersey Advance Directives for Health Care Act in the instance of a private, religiously affiliated home health agency that establishes written policies defining circumstances in which it will decline to participate in the withholding or withdrawal of life-sustaining treatment. Such agencies shall:

i. Provide written notice of the policy to patients, families, or health care representatives prior to or at the time of admission to services; and

ii. Implement a timely and respectful transfer of the patient to an agency that will implement the advance directive.

4. In conformance with the POLST Act in the instance of a private, religiously affiliated home health agency that establishes written policies defining circumstances in which it will decline to participate in the withholding or withdrawal of life-sustaining treatment. Such agencies shall:

i. Provide written notice of the policy to patients, families, or health care representatives prior to or at the time of admission to services; and

ii. Implement a timely and respectful transfer of the patient to an agency that will implement the POLST Form.

(b) The sending agency shall receive approval from the receiving agency before transferring the patient.

N.J. Admin. Code § 8:42-6.5

New Rule, R.2016 d.082, effective 7/18/2016.
See: 48 N.J.R. 157(a), 48 N.J.R. 1445(b).

Amended by 55 N.J.R. 2546(a), effective 12/18/2023